The Constitution of Nakhichevan Autonomous Republic
The foundations of the autonomy of Nakhichevan were established with the international treaties of Moscow (March 16, 1921) and Gars (October 13, 1921) which are in force at present. Nakhichevan’s being a part of Azerbaijan was once again stated in those international treaties and the territorial boundaries were clarified.
Beginning from March 16, 1921 Nakhichevan firstly was named as Nakhichevan Soviet Socialist Republic, after June 16, 1923 it was named as Nakhichevan province, from February 9, 1924 as Nakhichevan Autonomous Soviet Socialist Republic and from November 17, 1990 as Nakhichevan Autonomous Republic.
The first Constitution of Nakhichevan Autonomous Soviet Socialist Republic was adopted in 1926, the second - in 1937 and the third one - in 1978.
The basis of this Constitution of Nakhichevan Autonomous Republic constitutes the Constitution of the Republic of Azerbaijan which was adopted on November 12, 1995 by public voting – referendum.
When adopting this Constitution of Nakhichevan Autonomous Republic which is closely linked with the Constitution of the Republic of Azerbaijan, the following intentions are declared solemnly:
- to safeguard the independence, sovereignty and territorial integrity of the Azerbaijan state;
- based on justice and legislation, to ensure the advanced standard of life and way of living of the population of Nakhichevan Autonomous Republic.
- in framework of the Constitution of Nakhichevan Autonomous Republic, to ensure the democratic, legal and secular state structure governed by the rule of law and to guarantee the supremacy of law.
This Constitution is adopted with the sacred intentions as stated above.
Chapter I
General principles
Article 1. The Status of Nakhichevan Autonomous Republic
I. Nakhichevan Autonomous state is a democratic, legal, secular autonomous republic within the Republic of Azerbaijan.
II. The status of Nakhichevan Autonomous Republic is determined by the Constitution of the Republic of Azerbaijan, the international treaties of Moscow (March 16, 1921) and Gars (October 13, 1921).
Article 2. The fundamentals of autonomy
I. Nakhichevan Autonomous Republic is independent in solving the issues included to its authorities according to the Constitution of the Republic of Azerbaijan.
II. All other problems connected with the interests of Nakhichevan Autonomous Republic are solved by Nakhichevan Autonomous Republic provided that, the solution of these problems were not subjected to the authorities of the state systems of the Republic of Azerbaijan.
III. In solving the problems subjected to the authorities of Nakhichevan Autonomous Republic, it links with the common interests of the Republic of Azerbaijan.
Article 3. Separation of powers
I. State power in Nakhichevan Autonomous Republic is based on a principle of division of powers:
Legislative power in Nakhichevan Autonomous Republic is implemented by Ali Majlis of Nakhichevan Autonomous Republic,
Executive power - by the Cabinet of Ministers of Nakhichevan Autonomous Republic,
Judicial power-by law courts of Nakhichevan Autonomous Republic.
II. According to the provisions of present Constitution the legislative, executive and judicial power interact.
III. Ali Majlis of Nakhichevan Autonomous Republic independently settles the issues, which according to the Constitution and laws of the Republic of Azerbaijan, fall under its competence; Cabinet of Ministers of Nakhichevan Autonomous Republic independently settles the issues, which according to Constitution and laws of the Republic of Azerbaijan, decrees of the President of the Republic of Azerbaijan, fall under its competence; law courts of Nakhichevan Autonomous Republic independently settle the issues, which according to Constitution and laws of the Republic of Azerbaijan, fall under their competence.
Article 4. Prohibition of misappropriation of state power
I. No part of citizens of Nakhichevan Autonomous Republic, no social group or organization, no individual may usurp the right for implementation of power.
II. Usurpation of power is the gravest crime against people.
Article 5. The Supreme official person of Nakhichevan Autonomous Republic
I. Chairman of Ali Majlis of Nakhichevan Autonomous Republic is the Supreme official person of Nakhichevan Autonomous Republic.
II. In the cases or procedure as specified by this Constitution the Supreme official of Nakhichevan Autonomous Republic carries out the following authorities either in the fields of legislation power and executive power:
1) assigns the elections to Ali Majlis of Nakhichevan Autonomous Republic.
2) ensures the mutual activity of the state power systems of Nakhichevan Autonomous Republic;
3) signs and publishes the laws of Nakhichevan Autonomous Republic;
4) informs the Ali Majlis of Nakhichevan Autonomous Republic about the important issues of state and public-political life of Nakhichevan Autonomous Republic;
5) takes a decision about resignation of Cabinet of Ministers of Nakhichevan Autonomous Republic;
6) establishes the central and local executive power bodies within the limits of sums allotted in state budget of Nakhichevan Autonomous Republic;
7) ensures the activity of the Cabinet of Ministers body of Nakhichevan
Autonomous Republic by the proposal of Prime Minister of Nakhichevan Autonomous Republic within the period of the Ali Majlis sessions of Nakhichevan Autonomous Republic;
8) represents Nakhichevan Autonomous Republic in establishing the relations with foreign countries and international organizations, also with other physical and juridical persons;
9) proposes the appointment and dismissal of judges of the Supreme Court of Nakhichevan Autonomous Republic, of general and specialized courts of Nakhichevan Autonomous Republic;
10) makes recommendation to the Ali Majlis of Nakhichevan Autonomous Republic for the election of the Commissioner for human rights;
11) submits the proposal to the President of the Republic of Azerbaijan as to appointment or dismissal of the heads of local executive power;
12) proposes to the President of the Republic of Azerbaijan the granting of special high titles;
13) proposes the appointment and dismissal of the Prosecutor of Nakhichevan Autonomous Republic, the prosecutors of regions and cities, as well as the specialized prosecutors;
14) carries out the military doctrine of the Republic of Azerbaijan in Nakhichevan Autonomous Republic, makes a proposal concerning the commander bodies of the Armed Forces of the Republic of Azerbaijan located on the territory of Nakhichevan Autonomous Republic;
15) makes a proposal concerning the citizenship issues;
16) makes a proposal concerning the pardoning issues;
17) establishes the Security Council and heads it;
18) provides general and partial mobilization implementation;
19) renders assistance in call-up of the citizens to the active service and in the implementation of the measures taken in the social defence of the demobilized servicemen;
20) renders assistance in the implementation of the extraordinary and marital law regime declared by the President of the Republic of Azerbaijan, makes a proposal concerning declaration of the state of emergency and marital law in Nakhichevan Autonomous Republic.
21) establishes the honorary titles; proposes to the President of the Republic of Azerbaijan the awarding of state awards;
22) resolves other issues according to executive principles attributed to the competence of the Supreme official person of Nakhichevan Autonomous Republic by the President of the Republic of Azerbaijan.
III. The Supreme official person of Nakhichevan Autonomous Republic represents Nakhichevan Autonomous Republic in economic and cultural issues connected with the interests of Nakhichevan Autonomous Republic, according to the limit determined by the Constitution of Nakhichevan Autonomous Republic and according to the principles determined by laws of the Republic of Azerbaijan and in the international relations of the Republic of Azerbaijan.
IV. The Supreme official person of Nakhichevan Autonomous Republic provides the statehood inheritance of Nakhichevan Autonomous Republic;
V. According to the issues subjected to his/her competence by this Constitution the Supreme official person of Nakhichevan Autonomous Republic adopts the personal decrees and the orders as to other issues.
Article 6. Territory
The territory of Nakhichevan Autonomous Republic is common within the state borders of the Republic of Azerbaijan, inviolable and indivisible.
Article 7. Ensuring the basic rights and liberties of a person and citizen.
Protection and guaranteeing of basic rights and liberties of a person and citizen, as well as the ensuring of execution of duties of the citizens of the Republic of Azerbaijan as stated in the Constitution of the Republic of Azerbaijan, is the key responsibility of the state bodies of Nakhichevan Autonomous Republic.
Article 8. Voting right of the citizens in Nakhichevan Autonomous Republic
Citizens of the Republic of Azerbaijan living permanently on the territory of Nakhichevan Autonomous Republic have the right to elect and be elected.
Those recognized as incapable by law court have no right to take part in elections.
Participation in elections of military personnel, judges, state employees, religious officials, persons imprisoned by decision of law court, other persons specified in the present Constitution are limited in their right to be elected.
Article 9. Capital
Nakhichevan city is the capital of Nakhichevan Autonomous Republic
Article 10. Symbols of Nakhichevan Autonomous State
State flag of the Republic of Azerbaijan, State Emblem and State hymn of the Republic of Azerbaijan are the state symbols of Nakhichevan Autonomous Republic.
Chapter II
LEGISLATIVE POWER
Article 11. Implementation of legislative power
Legislative power in Nakhichevan Autonomous Republic is implemented by Ali Majlis of Nakhichevan Autonomous Republic.
Article 12. Number of deputies in Ali Majlis of Nakhichevan Autonomous Republic
Ali Majlis of Nakhichevan Autonomous Republic consists of 45 members.
Article 13. Procedure of elections of deputies of Ali Majlis of Nakhichevan Autonomous Republic
Deputies of Ali Majlis of Nakhichevan Autonomous Republic 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 authority of a calling of Ali Majlis of Nakhichevan Autonomous Republic
I. Term of authority of Ali Majlis of Nakhichevan Autonomous Republic is 5 years.
II. Elections for each calling of Ali Majlis of Nakhichevan Autonomous Republic take place every 5 years on the first Sunday of November.
III. Term of authority of deputies of Ali Majlis of Nakhichevan Autonomous Republic is restricted by term of authority of respective calling of Ali Majlis of Nakhichevan Autonomous Republic.
IV. If the new elections of deputies to replace the retired deputies of Ali Majlis of Nakhichevan Autonomous Republic are carried out, then term of authority of newly elected deputy corresponds to remaining term of authority of respective retired deputy.
Article 15. Requirements to candidates to the posts of deputies of Ali Majlis of Nakhichevan Autonomous Republic
I. Any citizen of the Republic of Azerbaijan living permanently on the territory of Nakhichevan Autonomous Republic being not under 25 years old may be elected deputy of the Ali Majlis of Nakhichevan Autonomous Republic as specified by law.
II. Persons having double citizenship, those having obligations to other states, those working in the bodies of executive or judicial power, persons involved in other payable activity except scientific, pedagogical and creative activity, religious men, persons whose incapacity has been confirmed by law court, those condemned for grave crime, serving a sentence due to verdict of law court may not be elected the deputies of Ali Majlis of Nakhichevan Autonomous Republic.
Article 16. Inspection and approval of results of elections of deputies of Ali Majlis of Nakhichevan Autonomous Republic
Accuracy of results of elections is checked and approved by Supreme Court of Nakhichevan Autonomous Republic as specified in the law.
Article 17. End of the term of authority of deputies of Ali Majlis of Nakhichevan Autonomous Republic
I. Term of authority of deputies of Ali Majlis of Nakhichevan Autonomous Republic ends on a day of first meeting of new calling of Ali Majlis of Nakhichevan Autonomous Republic
II. Elections of deputies to replace those who left of Ali Majlis of Nakhichevan Autonomous Republic shall not be held if less than 120 days remain to the end of term of authority of Ali Majlis of Nakhichevan Autonomous Republic
III. Ali Majlis of Nakhichevan Autonomous Republic will have powers after authority of 31 of its deputies has been approved.
Article 18. Sessions of Ali Majlis of Nakhichevan Autonomous Republic
I. Every year the Ali Majlis of Nakhichevan Autonomous Republic holds two regular sessions. The first session of Ali Majlis of Nakhichevan Autonomous Republic is called no later than one week from the day of confirmation of the authority of 31 deputies of Ali Majlis of Nakhichevan Autonomous Republic.
II. The extraordinary sessions of the Ali Majlis of Nakhichevan Autonomous Republic are held by the President of the Republic of Azerbaijan, by Milli Majlis of the Republic of Azerbaijan, by demand of 16 deputies of the Ali Majlis of Nakhichevan Autonomous Republic or by self initiative of the Chairman of the Ali Majlis of Nakhichevan Autonomous Republic.
III. Agenda of extraordinary session shall be prepared by those who summoned the said session. After the issues of agenda have been discussed the extraordinary session ends.
IV. The assemblies of the sessions of the Ali Majlis of Nakhichevan Autonomous Republic shall be open to public. An assembly of the session of the Ali Majlis may be closed to the public upon the claim of 31 members of Ali Majlis or the proposal by Supreme official person of Nakhichevan Autonomous Republic
Article 19. Deprivation of deputies of Ali Majlis of Nakhichevan Autonomous Republic of their mandates and loss of powers by the deputy of Ali Majlis of Nakhichevan Autonomous Republic
I. The deputy of Ali Majlis of Nakhichevan Autonomous Republic
looses his/her mandate in the following cases:
1. whenever during the elections there was falsification in calculation of votes;
2. on giving up the citizenship of the Republic of Azerbaijan or accepting other citizenship;
3. on commitment of crime and whenever there is valid verdict of law court;
4. on taking position in executive or judicial bodies, post in religious organizations, involvement in other paid activity except scientific, pedagogical and creative activity;
5. on a voluntary basis;
Decision about deprivation of the deputy of Ali Majlis of Nakhichevan Autonomous Republic of his/her mandate is taken as specified in legislation.
II. Whenever deputies of Ali Majlis of Nakhichevan Autonomous Republic 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 Nakhichevan Autonomous Republic.
I. A deputy of Ali Majlis of Nakhichevan Autonomous Republic enjoys immunity during the whole term of his/her powers. Except cases when the deputy may be caught in the act of crime, the deputy of Ali Majlis of Nakhichevan Autonomous Republic may not be called to criminal responsibility during the whole term of his/her authority, arrested, the disciplinary measures may not be applied to him/her by law court, he/she may not be searched or inspected. The deputy of Ali Majlis of Nakhichevan Autonomous Republic may be arrested only if he/she has been caught at a place of crime. In such case the body which detained the deputy of Ali Majlis of Nakhichevan Autonomous Republic must immediately notify the Prosecutor General of Nakhichevan Autonomous Republic about that fact.
II. Immunity of deputy of Ali Majlis of Nakhichevan Autonomous Republic might be stopped only by resolution of Ali Majlis of Nakhichevan Autonomous Republic based on application of Prosecutor General of Nakhichevan Autonomous Republic.
Article 21. Prohibition on bringing to responsibility of deputies of Ali Majlis of Nakhichevan Autonomous Republic.
Deputies of Ali Majlis of Nakhichevan Autonomous Republic cannot be made responsible for their activity in Ali Majlis of Nakhichevan Autonomous Republic, voting in Ali Majlis of Nakhichevan Autonomous Republic and statements made in Ali Majlis of Nakhichevan Autonomous Republic. 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 Nakhichevan Autonomous Republic.
Ali Majlis of Nakhichevan Autonomous Republic determines the procedure of its activity, establishes relevant bodies of Ali Majlis, elects its Chairman and his/her deputies, organizes the permanent committees and commissions
Article 23.Acts of Ali Majlis of Nakhichevan Autonomous Republic.
I. Milli Majlis of the Republic of Azerbaijan adopts the laws and resolutions regarding the issues falling within its competence.
II. Laws and resolutions are taken in Ali Majlis of Nakhichevan Autonomous Republic via the order specified in the Constitution of the Republic of Azerbaijan.
III. Deputies of Ali Majlis of Nakhichevan Autonomous Republic exercise their voting right personally.
IV. Ali Majlis of Nakhichevan Autonomous Republic is independent in resolving the issues attributed to its power by the Constitution and laws of the Republic of Azerbaijan.
Article 24. General rules determined by Ali Majlis of Nakhichevan Autonomous Republic
I Ali Majlis of Nakhichevan Autonomous Republic determines the general rules concerning the following:
1)elections to Ali Majlis of Nakhichevan Autonomous Republic;
2) the status of deputies of Ali Majlis of Nakhichevan Autonomous Republic;
3) the status of the Commissioner for human rights of Nakhichevan Autonomous Republic;
4) the taxes according to the economic and tax policy of the Republic of Azerbaijan;
5) destinations of economic development of Nakhichevan Autonomous Republic;
6) social maintenance;
7) protection of environment;
8) tourism;
9) healthcare, science, culture;
10) other issues attributed to its authority as specified by the Constitution and laws of the Republic of Azerbaijan.
II. Ali Majlis of Nakhichevan Autonomous Republic adopts the laws related to issues specified in the present Article.
Article 25. Issues resolved by Ali Majlis of Nakhichevan AutonomousRepublic
I. Ali Majlis of Nakhichevan Autonomous Republic adopts the resolutions concerning the following issues:
1) organization of work in Ali Majlis of Nakhichevan Autonomous Republic;
2) approval of the budget of Nakhichevan Autonomous Republic;
3) approval of economic and social programs of Nakhichevan Autonomous Republic;
4) appointment and dismissal of Prime-minister of Nakhichevan Autonomous Republic;
5) approval of composition of Cabinet of Ministers of Nakhichevan Autonomous Republic;
6) resolutions concerning vote of confidence in Cabinet of Ministers of Nakhichevan Autonomous Republic;
7) the election of a Commissioner for human rights of Nakhichevan Autonomous Republic upon presentation by the High official person of Nakhichevan Autonomous Republic;
8) the appointment of members of Central Election Commission of Nakhichevan Autonomous Republic upon presentation by the Supreme official person of Nakhichevan Autonomous Republic;
9) approval of the decrees of the Supreme official person of Nakhichevan Autonomous Republic in the cases specified in this Constitution;
10) other issues attributed to its authority by the Constitution and laws of the Republic of Azerbaijan.
II. As per issues specified in paragraphs 1, 2 of part I of the present Article the laws are adopted and as per other issues the resolutions are adopted via the same procedure.
Article 26. Right of legislative initiative
I. Right of legislative initiative in Ali Majlis of Nakhichevan Autonomous Republic (right to submit for consideration by of Ali Majlis of Nakhichevan Autonomous Republic the drafts of laws and other issues) belongs to the deputies of Ali Majlis of Nakhichevan Autonomous Republic, the Prime Minister of Nakhichevan Autonomous Republic, Supreme Court of Nakhichevan Autonomous Republic and the Prosecutor"s Office of Nakhichevan Autonomous Republic.
II. The drafts of laws or resolutions prepared based on legislative initiative of the Prime Minister of Nakhichevan Autonomous Republic, the Supreme Court of Nakhichevan Autonomous Republic and Prosecutor’s Office Nakhichevan Autonomous Republic shall be presented and voted in the Ali Majlis of Nakhichevan Autonomous Republic in the form they have been submitted for consideration.
III. Amendments in such drafts of laws or resolutions can be introduced by consent of the body which uses the right of legislative initiative.
IV. The drafts of laws or resolutions submitted for consideration in the Ali Majlis of Nakhichevan Autonomous Republic by the deputies of the Ali Majlis of Nakhichevan Autonomous Republic, the Prime Minister of Nakhichevan Autonomous Republic, the Supreme Court of Nakhichevan Autonomous Republic and the Prosecutor’s Office of Nakhichevan Autonomous Republic are put to voting within two months.
V. If the drafts of laws or resolutions were declared as urgent by the deputies of the Ali Majlis of Nakhichevan Autonomous Republic, the Prime Minister of Nakhichevan Autonomous Republic, the Supreme Court of Nakhichevan Autonomous Republic and the Prosecutor’s Office of Nakhichevan Autonomous Republic, then this term constitutes 20 days.
VI. Drafts of laws and resolutions shall be substantiated and the purposes for their adoption shall be indicated.
Article 27. Signing of the laws and resolutions
I. Laws and resolutions are submitted to the Chairman of Ali Majlis of Nakhichevan Autonomous Republic for signing within 10 days from the day of their adoption.
II. Urgent drafts of law or resolution are submitted to the Chairman of Ali Majlis of Nakhichevan Autonomous Republic for signing within 24 hours from the day of its adoption.
Article 28. Entry into force of acts of Ali Majlis of Nakhichevan Autonomous
If not specified otherwise in the law or resolution of Ali Majlis of Nakhichevan Autonomous Republic themselves the law and resolution become valid from the date of their publication.
Article 29. The requirements concerning the Chairman of the Ali Majlis of Nakhichevan Autonomous Republic
I. Chairman of the Ali Majlis of Nakhichevan Autonomous Republic is elected by the Ali Majlis of Nakhichevan Autonomous Republic, subordinates to it and is accountable to it. He/she can be called back by the Ali Majlis of Nakhichevan Autonomous Republic.
II. Those who are not under 30 years old, permanently living on the territory of Nakhichevan Autonomous Republic longer than 5 years, having no liabilities in other states, not having double citizenship may be elected to the post of Chairman of Ali Majlis of Nakhichevan Autonomous Republic.
III. The procedure of election of Chairman of the Ali Majlis of Nakhichevan Autonomous Republic is determined by the Ali Majlis of Nakhichevan Autonomous Republic.
Article 30. Inability to fulfill regularly the authorities of the Chairman of the Ali Majlis of Nakhichevan Autonomous Republic.
When the Chairman of the Ali Majlis of Nakhichevan Autonomous Republic retires, loses the ability for health reasons to execute his/her duties, until the new Chairman is elected these duties shall be carried out by the first deputy of the Chairman of Ali Majlis of Nakhichevan Autonomous Republic and if he/she is absent, then by the deputy Chairman.
Article 31. Relieving the Chairman of the Ali Majlis of Nakhichevan Autonomous Republic of his/her post
Relieving the Chairman of the Ali Majlis of Nakhichevan Autonomous Republic of his/her post is defined by the Internal Regulations of the Ali Majlis of Nakhichevan Autonomous Republic.
Article 32. Competence of the Chairman of the Ali Majlis of Nakhichevan Autonomous Republic
I. Chairman of the Ali Majlis of Nakhichevan Autonomous Republic:
1) calls the extraordinary sessions of Ali Majlis;
2)chairs the sessions of Ali Majlis of Nakhichevan Autonomous Republic;
3) submits to the Ali Majlis of Nakhichevan Autonomous Republic for consideration the candidacy of a person presented by the President of the Republic of Azerbaijan to the post of Prime Minister of Nakhichevan Autonomous Republic;
4) according to the proposal of the Prime Minister of Nakhichevan Autonomous Republic submits to the Ali Majlis of Nakhichevan Autonomous Republic the candidates for the membership of the Cabinet of Ministers of Nakhichevan Autonomous Republic;
5) deprives the deputy from his/her deputy mandate if the deputy of the Ali Majlis of Nakhichevan Autonomous Republic refuses from his/her mandate and in other cases as specified by law;
6) adopts the decision as to implementation of authorities of the Chairman of the Ali Majlis of Nakhichevan Autonomous Republic;
7) makes the proposal to the Ali Majlis of Nakhichevan Autonomous Republic concerning the election of the candidate to the post of the deputies Chairman of the Ali Majlis and dismissal of the deputies Chairman of the Ali Majlis of Nakhichevan Autonomous Republic;
8) arranges the Secretariat (staff) of the Ali Majlis of Nakhichevan Autonomous Republic and assigns its head via the procedure specified by the Ali Majlis of Nakhichevan Autonomous Republic;
9) resolves other issues attributed to him/her authorities by this Constitution.
Article 33. The acts of the Chairman of the Ali Majlis of Nakhichevan Autonomous Republic
Chairman of the Ali Majlis of Nakhichevan Autonomous Republic adopts the resolutions.
Chapter III
EXECUTIVE POWER
Article 34. The Executive Power in Nakhichevan Autonomous Republic
I. Executive power in Nakhichevan Autonomous Republic is carried out by the Cabinet of Ministers of Nakhichevan Autonomous Republic.
II. Cabinet of Ministers of Nakhichevan Autonomous Republic is the highest body of executive power of Nakhichevan Autonomous Republic.
III. Cabinet of Ministers of Nakhichevan Autonomous Republic subordinates to Ali Majlis of Nakhichevan Autonomous Republic and regularly renders a report in front of it.
Article 35. The status of the Cabinet of Ministers of Nakhichevan Autonomous Republic
The Cabinet of Ministers of Nakhichevan Autonomous Republic is independent in resolving the issues attributed to its authority according to the Constitution of the Republic of Azerbaijan, laws, the decrees of the President of the Republic of Azerbaijan, the Constitution and laws of Nakhichevan Autonomous Republic.
Article 36. Composition of Cabinet of Ministers of Nakhichevan Autonomous Republic
I. Cabinet of Ministers of Nakhichevan Autonomous Republic includes Prime-minister of the of Nakhichevan Autonomous Republic, his/her deputies, ministers and heads of other central bodies of executive power of Nakhichevan Autonomous Republic.
II. Composition of the Cabinet of Ministers of Nakhichevan Autonomous Republic is affirmed by the Ali Majlis of Nakhichevan Autonomous Republic according to the proposal of Prime Minister of Nakhichevan Autonomous Republic.
Article 37. The Prime Minister of Nakhichevan Autonomous Republic
Prime-minister of Nakhichevan Autonomous Republic is appointed by Ali Majlis of Nakhichevan Autonomous Republic on recommendation by the President of the Republic of Azerbaijan.
Article 38. Sessions of the Cabinet of Ministers of Nakhichevan Autonomous Republic
As a rule, Prime-minister of Nakhichevan Autonomous Republic
chairs the sessions of the Cabinet of Ministers of Nakhichevan Autonomous Republic.
Article 39. Competence of the Cabinet of Ministers of Nakhichevan Autonomous Republic
I. Cabinet of Ministers of Nakhichevan Autonomous Republic:
· prepares draft of budget of Autonomous Republic and presents it for
approval by Ali Majlis of Nakhichevan Autonomous Republic;
· implements the budget of Autonomous Republic;
· provides the implementation of economic programs of Autonomous Republic;
· provides the implementation of social programs of Autonomous Republic;
· heads the ministries and other bodies of central executive power, cancels their acts;
· resolves other issues delegated to it by the President of the Republic of Azerbaijan.
II. The Cabinet of Ministers of Nakhichevan Autonomous Republic represents Nakhichevan Autonomous Republic in the Cabinet of Ministers of the Republic of Azerbaijan in the fields of economy and culture.
Article 40. Acts of Cabinet of Ministers of Nakhichevan Autonomous Republic
I. When determining the general procedures, the Cabinet of Ministers of Nakhichevan Autonomous Republic adopts the resolutions, as per all other issues, it adopts the orders.
II. If not specified otherwise in resolutions and orders of Cabinet of Ministers of Nakhichevan Autonomous Republic, they become valid from the day of their publication.
Article 41. The requirements regarding the candidates to the membership of the Cabinet of Ministers of Nakhichevan Autonomous Republic
I. A citizen of the Republic of Azerbaijan whose age is not less than 30, higher educated, possessing the right to participate in elections, having no commitment in front of another state is appointed to the post of Prime Minister of Nakhichevan Autonomous Republic.
II. A citizen of the Republic of Azerbaijan whose age is not less than 25, higher educated, possessing the right to participate in elections, having no commitment in front of another state is appointed to the post of deputy Prime Minister of Nakhichevan Autonomous Republic, minister or the leader position in other central executive bodies.
Article 42. The requirements concerning the members of the Cabinet of Ministers of Nakhichevan Autonomous Republic
The members of the Cabinet of Ministers of Nakhichevan Autonomous Republic 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.
Chapter IV
JUDICIAL POWER
Article 43. Implementation of judicial power
I. Judicial power in Nakhichevan Autonomous Republic is implemented by law courts via justice.
II. Judicial power is implemented through the Supreme Court of the Republic of Azerbaijan, ordinary and specialized law courts of Nakhichevan Autonomous Republic
III. Judicial power is implemented by way of constitutional, civil and criminal legal proceedings and other forms of legislation provided for by law.
IV. In the criminal legal proceedings, the Prosecutor"s Office of Nakhichevan Autonomous Republic and defence take part.
V. Judicial system and legal proceedings are determined by law.
VI. Use of legal means, which are not envisaged by law, aimed to change of authority of law courts and setting-up of extraordinary law courts are prohibited.
VII. Court proceedings shall provide for the discovery of the truth.
Article 44. The Supreme Court of Nakhichevan Autonomous Republic
I. Supreme Court of Nakhichevan Autonomous Republic is the highest judicial body on civil, criminal, administrative and other cases directed to general and specialized law courts; it administers justice by appeal procedure on the territory of Nakhichevan Autonomous Republic;
II. Supreme Court of Nakhichevan Autonomous Republic administers the constitutional supervision in Nakhichevan Autonomous Republic. It resolves the below indicated issues on the request of Supreme official person of Nakhichevan Autonomous Republic, the Ali Majlis of Nakhichevan Autonomous Republic, the Cabinet of Ministers of Nakhichevan Autonomous Republic, the Chairman of the Supreme Court of Nakhichevan Autonomous Republic and the Prosecutor’s Office of Nakhichevan Autonomous Republic;
1) correspondence of laws of Nakhichevan Autonomous Republic, resolutions of Ali Majlis of Nakhichevan Autonomous Republic, decrees and orders of Supreme official person of Nakhichevan Autonomous Republic, resolutions and orders of Cabinet of Ministers of Nakhichevan Autonomous Republic, normative-legal acts of central bodies of executive power to the Constitution of Nakhichevan Autonomous Republic;
2) correspondence of the decisions of the Ali Majlis of Nakhichevan Autonomous Republic, the decrees and orders of the Supreme official person of Nakhichevan Autonomous Republic, the resolutions of the Chairman of the Ali Majlis of Nakhichevan Autonomous Republic, the orders of the Cabinet of Ministers of Nakhichevan Autonomous Republic, the normative legal acts of the central executive power systems of Nakhichevan Autonomous Republic to the laws of Nakhichevan Autonomous Republic;
3) correspondence of the decisions of the Cabinet of Ministers of Nakhichevan Autonomous Republic, the normative legal acts of the bodies of central executive power of Nakhichevan Autonomous Republic to the decrees and orders of the Supreme official person of Nakhichevan Autonomous Republic;
III. Everyone who claims to be the victim of a violation of his/her rights or liberties by a normative-legal act of the legislative and executive bodies, as well as the judicial or municipal acts set forth in the items 1-3 of paragraph II of this Article may appeal, in accordance with the procedure provided for by law, to the Supreme Court of Nakhichevan Autonomous Republic with the view of restoration of his/her violated human rights and liberties.
IV. In connection with implementation of constitutional control in Nakhichevan Autonomous Republic, everyone may lodge a complainttotheConstitutionalCourt of the Republic of Azerbaijan agianst theacts of theSupremeCourt of Nakhichevan Autonomous Republic via the procedure specified by law.
V. In accordance with the procedure provided by the laws of Nakhichevan Autonomous Republic, courts may apply to the Supreme Court of Nakhichevan Autonomous Republic for an interpretation of laws of Nakhichevan Autonomous Republic with regard to issues arising in implementation of human rights and liberties.
VI. Judges of the Supreme Court of Nakhichevan Autonomous Republic are appointed by Milli Majlis of the Republic of Azerbaijan upon recommendation by the President of the Republic of Azerbaijan based on submission made by the Chairman of Ali Majlis of Nakhichevan Autonomous Republic.
VII. The decisions of the Supreme Court of Nakhichevan Autonomous Republic should be published.
Article 45. General and specialized courts of Nakhichevan Autonomous Republic
I. The general and specialized courts of Nakhichevan Autonomous Republic are the first instance courts with regard to cases subjected to their authorities as specified by law.
II. The judges of general and specialized courts of Nakhichevan Autonomous Republic are appointed by the President of the Republic of Azerbaijan upon the proposal made by the Chairman of Ali Majlis of Nakhichevan Autonomous Republic.
Article 46. Prosecutor"s Office of Nakhichevan Autonomous Republic
I. Via the procedure and in cases specified by legislation, Prosecutor"s Office of Nakhichevan Autonomous Republic exercises the control over fulfillment and application of laws; in cases envisaged by legislation it undertakes the prosecution and carries out investigation; supports state incrimination in the law court; brings in an action in the law court; lodges the protests against decisions of law court.
II. Prosecutor"s Office of Nakhichevan Autonomous Republic is an integral centralized body based on subordination of territorial prosecutors to Prosecutor of Nakhichevan Autonomous Republic and to General Prosecutor of the Republic of Azerbaijan.
III. Prosecutor of Nakhichevan Autonomous Republic is appointed to post by the President of the Republic of Azerbaijan upon proposal of the Chairman of the Ali Majlis of Nakhichevan Autonomous Republic based on submission of General Prosecutor of the Republic of Azerbaijan.
IV. Territorial and specialized prosecutors are appointed to and dismissed from their posts by General Prosecutor of the Republic of Azerbaijan upon the proposal of the Chairman of the Ali Majlis of Nakhichevan Autonomous Republic to the President of the Republic of Azerbaijan and with the consent with the President of the Republic of Azerbaijan.
Chapter V
LEGISLATIVE SYSTEM
Article 47.Legal force of Constitution of Nakhichevan Autonomous Republic
I. Constitution of Nakhichevan Autonomous Republic has highest legal force among other normative legal acts of Nakhichevan Autonomous Republic.
II. Constitution of Nakhichevan Autonomous Republic has direct legal force.
III. Constitution of Nakhichevan Autonomous Republic is the basis of legislative system of Nakhichevan Autonomous Republic.
Article 48. Legislative system of Nakhichevan Autonomous Republic
I. Legislative system of Nakhichevan Autonomous Republic is a part of the legislative system of the Republic of Azerbaijan.
II. Legislative system of Nakhichevan Autonomous Republic shall conform to legislative system of the Republic of Azerbaijan.
III. Legislative system of Nakhichevan Autonomous Republic consists of the following normative-legal acts:
1) Constitution of Nakhichevan Autonomous Republic;
2) laws of Nakhichevan Autonomous Republic;
3) decrees of the Supreme official person of Nakhichevan Autonomous Republic;
4) resolutions of the Cabinet of Ministers of Nakhichevan Autonomous Republic;
5) normative acts of the central executive power bodies of Nakhichevan Autonomous Republic.
Article 49. Normative-legal acts of Nakhichevan Autonomous Republic;
I. Normative-legal acts should be based on law and justice (equality of interests and relations).
II. The laws of Nakhichevan Autonomous Republic should not contradict to the Constitution and laws of the Republic of Azerbaijan, the Constitution of Nakhichevan Autonomous Republic, and only the application and implementation of the published laws are obligatory for all citizens, legislative, executive and judicial power bodies, legal entities and municipalities of Nakhichevan Autonomous Republic.
III. The decrees of the Supreme official person should not contradict the Constitution and laws of the Republic of Azerbaijan, the Constitution and laws of Nakhichevan Autonomous Republic and decrees of the President of the Republic of Azerbaijan, resolutions and orders of the Cabinet of Ministers of Republic of Azerbaijan. The application and implementation of the decrees of the Supreme official person of Nakhichevan Autonomous Republic obtain binding effect for citizens, central and local executive power bodies, legal entities only after they have been published.
IV. The resolutions of the Cabinet of Ministers of Nakhichevan Autonomous Republic must not contradict the Constitution and laws of the Republic of Azerbaijan, the Constitution and laws of Nakhichevan Autonomous Republic, the decrees and orders of the President of the Republic of Azerbaijan, the decrees and orders of the Supreme official person of Nakhichevan Autonomous Republic. The application and implementation of the resolutions of the Cabinet of Ministers of Nakhichevan Autonomous Republic obtain binding effect for citizens, central and local executive power bodies, legal entities only after they have been published.
V. Acts of central bodies of executive power of Nakhichevan Autonomous Republic should not contradict the Constitution and laws of the Republic of Azerbaijan, the Constitution and laws of Nakhichevan Autonomous Republic, decrees and orders of the President of the Republic of Azerbaijan, the resolutions and orders of the Supreme official person of Nakhichevan Autonomous Republic, the orders and resolutions of the Cabinet of Ministers of Nakhichevan Autonomous Republic, the acts of the central executive power of the Republic of Azerbaijan.
Chapter VI
The amendments and additions to the
Constitution of Nakhichevan Autonomous Republic
Article 50. The procedure of adoption of amendments and additions to the Constitution of Nakhichevan Autonomous Republic
I. The amendments and additions to the Constitution of Nakhichevan Autonomous Republic shall be submitted to the Milli Majlis of the Republic of Azerbaijan to be ratified just after they have been adopted in the Ali Majlis of Nakhichevan Autonomous Republic with majority of 35 votes.
II. The proposal regarding amendments and additions to the Constitution of Nakhichevan Autonomous Republic is put to the voting 2 times in the Ali Majlis of Nakhichevan Autonomous Republic. Second voting shall be held three months later after first voting.
III. The constitutional laws regarding amendments and additions to the Constitution of Nakhichevan Autonomous Republic shall be submitted to the Chairman of the Ali Majlis of Nakhichevan Autonomous Republic for signing after the first and second voting in accordance with the principle provided for the proposal and laws.
IV. The amendments and additions to the Constitution of Nakhichevan Autonomous Republic are the inseparable part of the Constitution of Nakhichevan Autonomous Republic and should not contradict to the basic text of the Constitution of Nakhichevan Autonomous Republic.
Transitional provisions
I. The Constitution of Nakhichevan Autonomous Republic comes into force after adopted by the Ali Majlis of Nakhichevan Autonomous Republic and being ratified by the Milli Majlis of the Republic of Azerbaijan since the day published officially.
From the day this Constitution comes into force the Constitution (Fundamental Law) of Nakhichevan Autonomous Republic which was adopted on May 30, 1978 loses its force.
II. The authorities of the people’s deputies of Nakhichevan Autonomous Republic end in the first day of the session of the newly elected Ali Majlis of Nakhichevan Autonomous Republic.
The first session of the newly elected Ali Majlis of Nakhichevan Autonomous Republic is held within a month since the day of proclaiming the election of at least 31 deputies of the Ali Majlis of Nakhichevan Autonomous Republic.
III. Article 79 of the Law of Nakhichevan Autonomous Republic “On elections to the Ali Majlis of Nakhichevan Autonomous Republic” adopted on September 12, 1995 is in force until ending of authorities of the first summon of the Ali Majlis of Nakhichevan Autonomous Republic.
IV. Till the date of adoption of this Constitution the laws and other normative legal acts of Nakhichevan Autonomous Republic being in force on the territory of Nakhichevan Autonomous Republic are in force in the part that does not contradict to this Constitution.
